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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105699
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am a director international religious missions

Customer Question

I am a director for an international religious missions organization, with locations currrently in developing countries (i.e. Haiti, etc.) licensed as a 501c3 in the US, incorporated in Florida. We report this year about $500,000 in revenues, relatively
small. We have a person whom we would like to employ in a PR/media development position (not a professional position, 4 year degree NOT required) with our organization from another country. What key decision information (matters most to immigration review)
is required on behalf of the organization and the potential candidate. Does it matter our size, or number of current employees, or age of candidate for employment, candidate's citizen (i.e. first world or 3rd world), or candidate's family status, (likelihood
to return to native country), personal assets in native country, etc. What criteria most appeals to the immigration officials and what criteria are "red flags" and might be grounds for denial?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

The most important aspect that they look for in such a case is that the candidate not take away a job from a U.S. worker. The second is that the candidate does not have immigrant intent and will go back home when done. This is partially because the job does not require a bachelor's degree or higher. The visas normally associated with such jobs require non-immigrant intent. There are really two visas available from what you are describing.

1) The H-2B worker visa is one. For an H-2B worker visa, it is expensive and difficult to get because you, the employer would have to go through an expensive process called a Labor Certification where the position is advertised in the local media, you must receive all resumes and eliminate all candidates for valid reasons, not just because you have a job for her. This is to prove that she would not be taking a job away from a U.S. worker. Here is a link:

http://www.uscis.gov/working-united-states/temporary-workers/h-2b-non-agricultural-workers/h-2b-temporary-non-agricultural-workers

Also, because they are used up for this year, you will need to apply on April 1, 2016 for the worker to start working on October 1, 2016 or later. Here is a link in regards ***** ***** H-2B cap

http://www.uscis.gov/working-united-states/temporary-workers/h-2b-non-agricultural-workers/cap-count-h-2b-nonimmigrants

2) The R-1 religious worker visa is another. It has much less restrictions than the H-2B so should be easier to get. Here is a link:

http://www.uscis.gov/working-united-states/temporary-workers/r-1-temporary-religious-workers/r-1-temporary-nonimmigrant-religious-workers

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Thank you for your kindness and respect. Good luck to you.

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